[Congressional Record (Bound Edition), Volume 162 (2016), Part 9]
[Senate]
[Page 12495]
[From the U.S. Government Publishing Office, www.gpo.gov]




 ENCOURAGING THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO TO 
      ABIDE BY CONSTITUTIONAL PROVISIONS REGARDING THE HOLDING OF 
                     PRESIDENTIAL ELECTIONS IN 2016

  Mr. GARDNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 574, S. Res. 485.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The senior assistant legislative clerk read as follows:

       A resolution (S. Res. 485) to encourage the Government of 
     the Democratic Republic of the Congo to abide by 
     constitutional provisions regarding the holding of 
     presidential elections in 2016, with the aim of ensuring a 
     peaceful and orderly democratic transition of power.

  There being no objection, the Senate proceeded to consider the 
resolution, which had been reported from the Committee on Foreign 
Relations, with an amendment and an amendment to the preamble and an 
amendment to the title.
  (Strike out all after the resolving clause and insert the part 
printed in italic.)
  (Strike the preamble and insert the part printed in italic.)

       Whereas the United States and the Democratic Republic of 
     the Congo (``DRC'') have a partnership grounded in economic 
     development, investment, and mutual interests in security and 
     stability, and marked by efforts to address the protracted 
     humanitarian crisis facing the DRC;
       Whereas, in 2006, the Government of the DRC adopted a new 
     constitution with a provision limiting the President to two 
     consecutive terms;
       Whereas the constitution requires that elections be held in 
     time for the inauguration of a new president on December 19, 
     2016, when the current presidential term expires;
       Whereas events in the DRC over the last year and a half 
     have called into serious question the commitment of the 
     Government of the DRC to hold such elections on the required 
     timeline, and President Joseph Kabila has not publicly 
     committed to stepping down at the end of his term;
       Whereas security and intelligence officials of the DRC have 
     arrested, harassed, and detained peaceful activists (such as 
     Fred Bauma and Yves Makwambala), members of civil society, 
     political leaders, and others, and international and domestic 
     human rights groups have reported on the worsening of the 
     human rights situation in the DRC;
       Whereas there are 12 presidential elections slated to take 
     place on the continent of Africa by the end of 2017, and what 
     transpires in the DRC will send an important message to 
     leaders in the region;
       Whereas President Barack Obama spoke with President Kabila 
     on March 31, 2015, and ``emphasized the importance of timely, 
     credible, and peaceful elections that respect the 
     Constitution of the DRC and protect the rights of all DRC 
     citizens'';
       Whereas, on March 30, 2016, the United Nations Security 
     Council unanimously adopted Resolution 2277, which expresses 
     deep concern with ``the delays in the preparation of the 
     presidential elections'' in the DRC and ``increased 
     restrictions of the political space in the DRC'' and calls 
     for ensuring ``the successful and timely holding of 
     elections, in particular presidential and legislative 
     elections on November 2016, in accordance with the 
     Constitution'';
       Whereas many observers have expressed concern that failure 
     to move ahead with elections in the DRC could lead to 
     violence and instability inside the DRC, which could 
     reverberate throughout the region;
       Whereas, on June 23, 2016, the Department of the Treasury 
     imposed sanctions against General Celestin Kanyama, the 
     Congolese National Police (PNC) Provincial police 
     commissioner for Kinshasa, the capital city of the DRC; and
       Whereas the Department of the Treasury noted that these 
     sanctions send a ``clear message that the United States 
     condemns the regime's violence and repressive actions, 
     especially those of Celestin Kanyama, which threaten the 
     future of democracy for the people of the DRC'': Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) expresses concern with respect to the failure of the 
     DRC to take actions required to hold elections in November 
     2016 as required by the Constitution of the DRC;
       (2) recognizes that impunity and lack of effective rule of 
     law undermine democracy, and that the arrest and detention of 
     civil society activists and the harassment of political 
     opponents close political space and repress peaceful dissent;
       (3) reaffirms its support for democracy and good governance 
     in sub-Saharan Africa;
       (4) calls on the Government of the DRC and all other 
     parties to respect the Constitution of the DRC and to ensure 
     a free, open, peaceful, and democratic transition of power as 
     constitutionally required;
       (5) urges the Government of the DRC to demonstrate 
     leadership and commitment to elections by accelerating 
     concrete steps towards holding elections, including voter 
     registration and protecting partisan political speech and 
     activities;
       (6) encourages the Government of the DRC and all other 
     relevant parties to engage now in a focused, urgent 
     discussion to advance the electoral process and reach 
     consensus rapidly on the way forward by establishing a 
     detailed electoral calendar for all elections and enabling 
     the candidate selection and campaign process; and
       (7) urges the President of the United States, in close 
     coordination with regional and international partners, to--
       (A) continuously verify that such necessary technical 
     dialogue occurs and proceeds in a time and manner required to 
     ensure the conduct of timely elections;
       (B) use appropriate means to ensure these objectives, which 
     may include imposition of additional targeted sanctions on 
     individuals or entities responsible for violence and human 
     rights violations and undermining democratic processes in the 
     DRC at any point in the process; and
       (C) continue United States policy with respect to providing 
     support for the organizing of free, fair, and peaceful 
     national elections.

  Mr. GARDNER. Mr. President, I ask unanimous consent that the 
committee-reported amendment to the resolution be agreed to; the 
resolution, as amended, be agreed to; the committee-reported amendment 
to the preamble be agreed to; the preamble, as amended, be agreed to; 
and that the committee-reported title amendment be agreed to; and, 
finally, that the motions to reconsider be considered made and laid 
upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The resolution (S. Res. 485), as amended, was agreed to.
  The committee-reported amendment to the preamble in the nature of a 
substitute was agreed to.
  The preamble, as amended, was agreed to.
  The committee-reported title amendment was agreed to, as follows:

       Amend the title so as to read: ``A resolution urging the 
     Government of the Democratic Republic of the Congo to comply 
     with constitutional limits on presidential terms and fulfill 
     its constitutional mandate for a democratic transition of 
     power in 2016.''.

                          ____________________